Common use of Secondary Right of  Members Clause in Contracts

Secondary Right of  Members. If the Company does not exercise its right of first refusal with respect to all of the Selling Member’s Units that are the subject of the Transfer within the thirty (30) day period set forth in Section 11.2(c), the Members (each a “Purchasing Member”) shall, for a period of thirty (30) days following the expiration of the Company’s right of first refusal, have the right to purchase the Selling Member’s Units that are the subject of the Transfer, at the Purchase Price determined by the terms of Section 11.2(c) above. In the event that more than one of the Purchasing Members wishes to purchase the Selling Member’s Units, the right to purchase shall be allocated among the Purchasing Members who desire to acquire the remaining Selling Member's Units pro rata in proportion to their respective membership interests or as otherwise agreed among them.

Appears in 4 contracts

Samples: Operating Agreement (Ivt Software Inc), Operating Agreement (Ivt Software Inc), Operating Agreement (Ivt Software Inc)

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